Court date for Banks over Dotcom donation

Created 11/11/12

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John Banks

John Banks may have to give evidence under oath about his
involvement in the Kim Doctom donation saga.

The Act MP has been summoned to appear in court next month
after a judge found there could be enough evidence to bring a
private prosecution over allegations he filed a false
electoral return for his 2010 Auckland mayoral campaign.

Police investigated whether Mr Banks knowingly declared two
donations from internet tycoon Kim Doctom as anonymous, and
found there was insufficient evidence to prosecute.

But Mr Banks may still have a case to answer after retired
accountant and political activist Graham McCready brought a
rare private prosecution against him.

Mr McCready's submission relies in part on sworn statements
to police, released after the investigation, including
Dotcom's insistence that Mr Banks asked him to split a
donation in two so it could be declared as anonymous.

Wellington District Court judge Ian Mill this week ruled
there could be a sufficient case to be tested and summoned Mr
Banks to appear on December 11.

Mr McCready said even if the case did not go to trial, he
hoped the court would release Mr Banks' statements to police
over the donations - statements which were redacted when the
police report was made public in September.

Mr Banks brushed off the private prosecution.

"This is nothing more than an attention-seeking stunt. It's a
waste of court time and taxpayers' dollars."

He had not yet received a court summons.

The maximum penalty for knowingly filing a false electoral
return is two years in prison or a fine of up to $10,000.

Mr McCready has himself been convicted of filing false
claims.

In 2009, he pleaded guilty to filing about $49,000 in false
tax claims for clients and was sentenced to six months' home
detention.

The private prosecution is the second he has brought against
an MP.

In 2007, Mr McCready brought a case against Trevor Mallard
after the Labour MP lashed out at National MP Tau Henare
outside Parliament's debating chamber.

Mr Mallard was convicted of fighting in a public place and
ordered to pay $500 to a Salvation Army drug and alcohol
programme.